Marine Personnel Regulations (SOR/2007-115)

Regulations are current to 2013-04-29 and last amended on 2007-07-01. Previous Versions

Licensees

The following provision is not in force.

  • 306. (1) Every licensee shall

    • (a) maintain on their premises an up-to-date register of all persons they recruit or place;

    • (b) ensure that every person recruited or placed by them is qualified and holds the documents necessary for the position concerned, and that the person’s contract of employment is in accordance with the applicable laws and regulations and any applicable collective agreement;

    • (c) ensure that every person recruited or placed by them is informed of their rights and obligations under their contract of employment before or in the process of engagement and that proper arrangements are made for them to examine their contract of employment before and after they are signed and for them to receive a copy of the contract;

    • (d) ensure, as far as feasible, that the authorized representative of a Canadian vessel or the shipowner, in the case of a foreign vessel, has the means to protect persons that the licensee recruits or places for work on the vessel from being stranded in a foreign port; and

    • (e) examine and respond to any complaint concerning their activities and advise the Minister of any unresolved complaint.

  • (2) No licensee shall use means, mechanisms or lists intended to prevent or deter any person from gaining employment for which they are qualified on board a vessel.

Fees or Other Charges

The following provision is not in force.

307. No person shall impose, directly or indirectly, fees or other charges on any person for recruiting, placing or providing employment to them on board a vessel, other than the cost of obtaining a medical certificate, the person’s record of sea service or a passport or any other similar personal travel document other than a visa.

Division 3

Conditions of Employment

Articles of Agreement

  • 308. (1) For the purpose of subsection 91(1) of the Act, the master of a Canadian vessel shall enter into articles of agreement if the vessel

    • (a) engages on unlimited voyages or international voyages, other than inland voyages; or

    • (b) is of 100 gross tonnage or more and engages on near coastal voyages, Class 1, other than inland voyages.

  • (2) In addition to the information required by subsection 91(2) of the Act, articles of agreement must contain the following information:

    • (a) the crew member’s date and place of birth;

    • (b) the authorized representative’s name and address;

    • (c) the place at which and the date on which the articles of agreement were entered into;

    • (d) the capacity in which the crew member is to be employed;

    • (e) the amount of the crew member’s wages or the formula for calculating them if they are calculated using a formula;

    • (f) the amount of the crew member’s paid annual leave or the formula for calculating it if it is calculated using a formula; and

    • (g) whether a collective agreement applies to the crew member.

Collective Agreements That Are Part of Articles of Agreement

309. If a collective agreement is part of the articles of agreement of a crew member of a Canadian vessel of 100 gross tonnage or more that is engaged on an unlimited voyage, a near coastal voyage, Class 1 or an international voyage, other than an inland voyage, the vessel’s master shall ensure that a copy of the agreement is available on board and, if the copy in not in English, that a copy in English is available on board.